Terms & Conditions

§ 1 Scope of application

These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online store between us, thedriedfruits, owner Panagiotis Litsios, Oberrheinplatz 1, 79618 Rheinfelden, Germany, phone: +49 175 4409589, e-mail: info@thedriedfruits.com (hereinafter "Seller" or "we") and you as our customer (hereinafter "Customer" or "you"). The version of the GTC valid at the time the contract is concluded shall apply.
We do not accept deviating terms and conditions of the Customer. This shall also apply if we do not expressly object to their inclusion.
The GTC apply both to consumers pursuant to section 13 BGB and to entrepreneurs pursuant to section 14 BGB.
The Customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of contract

The presentation and advertising of goods in our online store do not constitute a binding offer to conclude a purchase contract.
You can select products from our range, in particular dried fruits, and collect them in a shopping cart by clicking the "Add to cart" button. By clicking the "Checkout" button you will be redirected to the payment processing. By completing the payment process, you submit a binding request to purchase the goods in the shopping cart. You can change and view the data at any time before submitting the order.
We will then send you an automatic confirmation of receipt by e-mail, in which your order is listed again. The automatic confirmation of receipt merely documents that we have received your order and does not constitute acceptance of the application. The contract is only concluded when we issue the declaration of acceptance, which is sent in a separate e-mail (order confirmation). The text of the contract is stored in compliance with data protection regulations.
The contract is concluded in German.

§ 3 Terms of delivery

We are entitled to make partial deliveries insofar as this is reasonable for you.
Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price. If no or no deviating delivery time is specified for the respective goods in our online store, the delivery time is 3-5 business days.
If no copies of the product you have selected are available at the time of your order, we will inform you of this immediately in the order confirmation. If the product is permanently unavailable, we will refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded.
If the product designated by you in the order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation.
The following delivery restrictions apply: We only deliver to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Switzerland.

§ 4 Prices and shipping costs

All prices quoted in our online store are final prices and include statutory VAT. They do not include shipping costs. Deliveries to Switzerland are made as a tax-exempt export without German VAT; any Swiss import VAT, customs duties and fees are payable by the customer.
Shipping costs are €4.90 within Germany, Austria and Switzerland. Shipping is free for orders of €70.00 or more. The shipping costs are also displayed in the order form before you submit your order.
If we fulfill your order by making partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
If you effectively revoke your contractual declaration, you can demand reimbursement of costs already paid for shipping to you (shipping costs) subject to the statutory requirements.
The goods are dispatched by post. If you are a consumer, we bear the shipping risk.
In the event of a revocation of the purchase, you must bear the direct costs of the return shipment.

§ 5 Terms of payment

You can pay in our online store by credit card (Visa, Mastercard), PayPal, Apple Pay, Google Pay or bank transfer. Payment processing is handled by Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands. Which payment methods are offered during the actual checkout depends on the device used, the browser, and the availability of the respective method, and will be shown to you before the order is finalised.
Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, you are already in default by missing the deadline. In this case, you shall pay us interest on arrears for the year at a rate of 5 percentage points above the prime rate if you have placed the order as a consumer and at a rate of 9 percentage points above the prime rate if you have placed the order as an entrepreneur.
The obligation to pay default interest does not exclude the assertion of further damages caused by default by us.

§ 6 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

§ 7 Warranty

We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. If you are an entrepreneur, the warranty period for goods delivered by us is 12 months.
Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of paragraph (1). Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the items.

§ 8 Liability

Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
In the event of a breach of material contractual obligations, the seller shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
The restrictions of paragraphs (1) and (2) also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
The limitations of liability resulting from paragraphs (1) and (2) shall not apply if the seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the seller and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Data protection

Detailed information on data protection, in particular on the scope of processing of your data and your statutory rights, can be found in our Privacy Policy.

§ 10 Copyrights

We hold copyrights to all images, films and texts published in our online store. Use of the images, films and texts is not permitted without our express consent.

§ 11 Statutory right of withdrawal for consumers

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us, thedriedfruits, Panagiotis Litsios, Oberrheinplatz 1, 79618 Rheinfelden, Germany, phone: +49 175 4409589, e-mail: info@thedriedfruits.com, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier date.

You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the condition, properties and functioning of the goods.

Exclusion of the right of withdrawal

The right of withdrawal does not exist for the following contracts:

Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Contracts for the delivery of goods which can spoil quickly or whose expiry date would be quickly exceeded.

Sample withdrawal form

(If you wish to withdraw from the contract, please fill in this form and send it back.)

To thedriedfruits, Panagiotis Litsios, Oberrheinplatz 1, 79618 Rheinfelden, Germany, e-mail: info@thedriedfruits.com:

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for paper notification)
Date

(*) Delete as applicable.

§ 12 Dispute resolution for consumers

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Applicable law and jurisdiction

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and at the time of your order have your habitual residence in another country, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law made in sentence 1.
If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction shall be the registered office of the seller. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
The contract shall remain binding in its remaining parts even if individual points are legally invalid. The statutory provisions shall replace the invalid points, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall become invalid in its entirety.